General Merchandise Compliance

General Merchandise Regulatory Compliance and Quality Assurance?

General Merchandise products sold in Kroger stores are required to meet all U.S. Federal and State rules, regulations, bans and standards, as well as conform to Kroger standards for quality, safety and performance.? This website’s purpose is to help suppliers navigate Kroger General Merchandise Regulatory Compliance and Quality requirements. All suppliers are responsible to fulfill any applicable regulatory responsibility and establish their own program to ensure adherence to Kroger’s requirements as detailed on this webpage. Suppliers must designate personnel to manage product safety, compliance, quality and to facilitate the product’s progress through Kroger’s compliance and quality assurance program. You may send any question to the General Merchandise Compliance Manager at?GMCompliance@kroger.com.

1.???? GENERAL MERCHANDISE TESTING

1.1 Testing Protocols

We developed testing protocols to specify technical requirements of respective product categories with the goal of delivering safe, compliant and quality products to our customers. They incorporate Federal and State laws, regulations, rules, bans and standards and also include industry standards to address essential product safety and product quality concerns.

Suppliers are expected to review the applicable protocols and adhere to specified criteria during product design, development and production to ensure the compliance of final products.

Our testing protocols are available at the following portal. Please contact the respective product developer or buyer at Kroger to gain access to the testing protocols.

1.2 Testing Requirements

Conformity to regulatory requirements and our quality requirements must be verified through testing by an ISO 17025 accredited 3rd party testing laboratory. Bureau Veritas (BV) is the nominated testing laboratory.? All Our Brand products and direct import non-Kroger brand products are required to be tested according to our testing ?protocols at approved BV lab locations prior to shipment.? Test reports are valid for one year.

Samples submitted for tests are required to be from Top Of Production (TOP).? Additionally, apparel requires fabric stage testing prior to the start of garment production as specified in Section 1.7.? Suppliers are required to establish a sampling plan to ensure proper representation of the tested sample. Labels and packages are also required to be submitted to the lab for review.

The Test Request Form (TRF) and BV local lab contacts are available at the testing protocol portal.? It is recommended to retrieve the most updated TRF from the designated website.

1.3 Testing Timeline

All products shipping to Kroger are required to be tested and receive a satisfactory/pass test report four weeks prior to shipment. Suppliers are responsible to arrange production and tests accordingly to meet the shipping window.

The standard test turnaround time (TAT) is five to seven business days at BV labs. Certain product categories may require a longer TAT during the peak season. The lab is responsible to inform the supplier if a longer TAT time is required.

1.4 Periodic Testing

An initial test is required according to Testing Requirements specified in Section 1.2. A test report is valid for one year. A change of the production may result in a retest if the change potentially impacts the test result(s). Factors that commonly trigger a retest include, but are not limited to, change of factory, material, material supplier, equipment, process, design and engineering. A supplier is required to establish, maintain and follow a periodic test plan based on CPSC and Kroger requirements.

1.5 Unsatisfactory/Failed Tests

Unsatisfactory or failed test reports must be sent to the respective regulatory Compliance Manager at Kroger or GMCompliance@kroger.com for review.

Suppliers will be informed upon the completion of the review and may be required to submit root cause analysis, corrective-action-preventive-action (CAPA) plan to bring the product to compliance and to prevent reoccurrence of failure.? Failure to resolve non-compliance issues in a timely manner may result in order delay and/or order cancellation.

If the CAPA plan is approved by the respective Compliance Manager, the revised TOP samples must be retested and rated as satisfactory or pass prior to shipment.

1.6 Testing Expense

Bureau Veritas has agreed on special prices for testing packages as well as individual test items. Testing fee for a testing protocol and individual testing items are included at the end of each test protocol. The supplier is responsible to pay for testing excluding Chemical of High Concern (CHCC) test. A test quotation can be provided by the lab upon request.

1.7 Apparel Testing Program

The Apparel Testing Program and the Testing Process Map?was developed to detail the apparel testing requirements, including the sample and test request submission, test strategy on additional colorway fabrics and garments, the periodic test and General Certificate Conformity (GCC) submission.? All apparel suppliers are required to review and follow the specified process.

1.9 Grouped Test

Non-apparel products may be considered for group testing of multiple like-items. A grouped test is only applicable if multiple like-items are manufactured in the same factory, using the same manufacturing processes and same materials. Children’s products cannot be grouped.

A grouping form is required to be filled and submitted for review and approved before the grouped test is conducted.? Bureau Veritas is dedicated to review and approve group forms. The detailed conditions and instructions of the Grouping Form submission are specified in the Group Form SOP. DownloadGroup Form here.

2.???? GENERAL CERTIFICATE OF CONFORMITY (GCC) and KROGER GENERAL CERTIFICATE OF CONFORMITY(KGCC)

A General Certificate of Conformity (GCC) is a federal requirement for all children’s products and specified non-children’s products that are regulated by the Consumer Product Safety Commission (CPSC). A complete list of non-children’s products requiring a GCC can be viewed here. A GCC must be based on a passing test report(s).? All Kroger imported children’s products and specified non-children’s products must have a GCC produced using the Kroger GCC template.

For products that are not regulated by CPSC, there may be Federal and State requirements, industry standards and other safety requirements applicable. A Kroger General Certificate of Conformity (KGCC) ?is required for all other import products where a GCC is not applicable.

Bureau Veritas is authorized to generate a GCC or KGCC on behalf of Kroger and our suppliers ?based on BV test reports. ?A GCC or KGCC will be generated only if the test report is satisfactory or approved by the respective Compliance Manager at Kroger.? Required information must be submitted to BV on the Test Request Form (TRF) to ensure an accurate GCC or KGCC can be issued on time.

All direct import suppliers are required to submit a BV generated GCC or KGCC and respective test reports for each shipment and each style along with the Letter of Credit in order to receive payment.

All domestic suppliers are responsible to generate and maintain the relevant GCC and test reports for the respective products. GCC and respective test reports in English must be provided to Kroger within 24 hours of request.

3.???? LAW LABELS AND MANUFACTURER REGISTRATION FOR STUFFED ARTICLES

There are various States in the U.S. requiring stuffed or filled products to carry a law label and/or manufacturer registration. Some States require a sterilization permit number for feather, down, wool and other natural filling materials. Upholstered furniture has additional flammability and flame retardant label requirements in California. These steps must be completed prior to shipping any order to Kroger.

4. ?CHEMICAL REPORTING REQUIREMENTS

The State of Washington maintains a list of Chemicals of High Concern to Children (CHCC) under the Children’s Safe Product Act (CSPA).? Manufacturers are required to report annually to the Washington Department of Ecology any CHCC chemical(s) in their products if it is above the set threshold. ?Additionally, CSPA restricts lead, cadmium and phthalate in all children’s products. A summary of CSPA is available for your quick reference.? Suppliers should refer to the actual law for details.

The State of Oregon has a similar reporting requirement on children’s products under the Toxic-Free Kids Act. The first reporting deadline is on January 31, 2018.

For Our Brands:

If Kroger imported, we manage the chemical reporting obligation.

If supplier imported, suppliers are required to self-govern and comply with the reporting requirements under their own company. DO NOT report under Kroger or Fred Meyer. Kroger must be notified immediately if any Our Brand product contains a reportable CHCC.

For Non-Kroger Brands:? Suppliers need to self-report under their own company.

As Kroger expands business to other States, additional chemical reporting requirements under other States’ legislation may apply.

5.???? CONFLICT MINERALS POLICY

Kroger supports the conflict mineral provision in Dodd-Frank Wall Street Reform and Consumer Product Protection Act and has published a Conflict Minerals Policy. Kroger expects suppliers who manufacture Our Brand products, which may contain 3TG (gold, tin, tantalum and tungsten), to source minerals responsibly from facilities outside of Democratic Republic of Congo (DRC) or from facilities that have been certified to be “conflict free” if mined in the DRC.? Suppliers must perform due diligence in managing all sourcing systems.

6.???? PRODUCT INSPECTIONS

To conform with Kroger quality requirements, all manufactured products must go through and pass final product inspection prior to product being packaged and shipped to Kroger.? The quality audit requirements are 4.0 AQL (Acceptable Quality Limit) for minors and 2.5 AQL for majors on defects.?? The paperwork requirements are listed below for Apparel Final Inspections as well as the three different types of business relationships Kroger currently has with Home Suppliers.

APPAREL REQUIREMENTS

All Apparel Suppliers (whether these be Agents, Domestic Import Suppliers or Direct Import Suppliers) must complete an SGS 3rd Party Final Random Inspection for every shipment. The SGS Final Random Inspection (FRI) will follow the Kroger Approved Protocol and any Failing, Non-Conforming or Subject to Buyer Disposition ratings must be pre-approved by a Kroger representative before shipment is allowed.? The FRI is required on an on-going basis and only factories with the highest pass rates and lowest levels for workmanship defects will be eligible for the Kroger Skip-Lot program.? All FRI’s will need to be booked through the SGS On-Line Booking system and each factory must provide the appropriate MID number and Supplier DUNS number on the OLB booking request.? All audit reports will be forwarded by SGS to the correct Kroger representative for disposition.

All Home products in Kroger’s Brands and Kroger’s GTIN regardless if Kroger or supplier is the importer of the record required a third-party Final Quality Control inspection.? This would cover both Kroger’s direct import and as well as domestic purchase. ?SGS is Kroger’s designated third-party to conduct the inspection at supplier’s expense.

Exceptions:

1)? If your product is a national brand, then you are to self-govern.? You are not required to submit your inspection report to Kroger but the inspection report should be submitted to Kroger within 48 hours upon request. .

2) IF you are a Li-Fung’s supplier, then you would follow Li-Fung’s final QC inspection process.

8.2 Suffocation Warning Label for Plastic Bags

8.3 Children’s Product Regulatory Compliance Checklist

The Children’s Product Regulatory Compliance Checklistswere developed as a screening tool to assist suppliers in identifying applicable regulations and laws for children’s products.? The applicable checklist(s) must be signed by each children’s products supplier and returned to the respective buyer or developer.